The accused on diverse dates between March, 2015 and 30th June, 2015 at Mazombe village and Ruaha National Park within Mbarali District in Mbeya Region was found in unlawful possession and unlawful dealing in Government trophies also was found with unlawful possession of Ammunition respectively.
This is an appeal case originating from Mpanda District Court at Mpanda. Before the District Court at Mpanda, the appellant and three others were charged for the offence of unlawful possession of government trophies and unlawful possession of weapon and ammunition.
The Republic versus Bahati S/O Michael Ngiriama and Juma S/O Ally Patric @ Kalumanzila - No. 03 of 2014
Sometimes between June 2009 and 18th August, 2014 in different occasions (at Ruaha National parks in Iringa Region and Madibira within Mbarali District in Mbeya Region) alleged to bought, accepted, transported and hunted unlawfully government trophies property of United Republic of Tanzania.
On 30th November, 2015 at Tunduma area, within Momba District in Mbeya Region accused person was found in unlawful possession of government trophy. Then brought before the court to answer a charge. The accused was convicted.
On diverse dates between 13th January, 2013 and 25th January, 2015 at Ruaha National Park, Kinyasuga village within Mbarali District in Mbeya Region, accused persons jointly were found in unlawful acquired, accepted and transported government trophies.
The appellants were found to be in unlawful possession of elephant tusks found in the second appellant’s house and fresh and dried meat found in the first appellant’s house alleged to have been obtained from Katavi National Park. The appellants were found to be in possession of elephant meat and tusks without a valid licence.
The appellant was found in possession of 71 pieces of elephant tusks and stood trial before the district court of Shinyanga as presided over by a Resident Magistrate. The appellant appealed to the High Court but the appeal was dismissed.
After the defendant pleaded guilty, on 21 March 2008, to two counts of importing and selling raw ivory and two counts of smuggling goods into the United States, she objected to the pre-sentence investigation report (PSR).
The District Court held that: